JOFOC -Magnetic Probe_Redacted.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC)

Date: 08/30/2022 Prepared by: Forest Crumpler Purchase Request: NB683150-23-00917 Subject: Purchase of a Magnetic Probe System

I. Identification of the agency and the contracting activity

This Justification for Other Than Full and Open Competition is executed by the Office of Acquisition and Agreements Management (OAAM)/Acquisition Management Division (AMD) of the National Institute of Standards and Technology (NIST).

II. Nature and/or description of the action being approved.

NIST/OAAM/AMD, on behalf of the Physical Measurement Laboratory (PML), intends to negotiate on a sole source basis with SemiProbe Inc of 276 E Allen Street, Winooski, VT 05404-1570 for the purchase of a magnetic probe station. This requirement will be fulfilled using Simplified Acquisition Procedures under the authority of FAR 13.5 Simplified Procedures for Certain Commercial Items.

The justification herein was developed utilizing the format requirements identified in FAR 6.303-2, modified to reflect that the procedures in FAR Subpart 13.5 were used in accordance with 41 U.S.C. 1901.

III. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Alternative Computing Group at NIST, in order to develop a new generation of mixed signal stochastic spintronic systems for unconventional computing, requires a vector projected field semi-automatic magnetic probe station so as to apply magnetic fields of arbitrary orientation to advanced integrated circuits through high pin count probe cards. In order to facilitate the application of large fields, the system must implement a “magnet-under-wafer” geometry whereby the applied magnetic field source is below the species under test. The system should be fully programmable with the capability of advanced automation and precise motor control so that a high degree of probe alignment can be achieved. The system will be used by NIST and it’s collaborators to study complex circuitry under the influence of magnetic fields.

The estimated value for these products $347,520.00

IV. Identification of the statutory authority permitting other than full and open competition.

Statutory authority for sole source is 41 U.S.C. 3304(a)(1), Only one responsible source.

The statute is being implemented using simplified acquisition procedures under the authority of 41 U.S.C. 1901. In accordance with 41 U.S.C. 1901 (e)(2), the requirements of 3304(e) have been fulfilled in the following ways:

SPECIAL RULES FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.—The Federal Acquisition Regulation shall provide that an executive agency using special simplified procedures to purchase commercial products or commercial services—

(1) shall publish a notice in accordance with section 1708 of this title and, as provided in section 1708(c)(4) of this title, permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) that the agency shall consider;

AMD-SS22-IE was posted from February 01, 2022 through February 28, 2022 and listed various scientific equipment that NIST was expecting to purchase in FY22, including this “Magnetic Probe System”. This notice was specifically written to be ‘brand agnostic’ to encourage any capable manufactures to respond. The notice also stated that “NIST is seeking responses from all responsible business sources to include small business AND U.S.

manufactured items”. No responses were received.

(1) may not conduct the purchase on a sole source basis unless the need to do so is justified in writing and approved in accordance with section 3304(e) of this title, as applicable;

Written justification to conduct this purchase on a sole source basis is established in this Justification for Other than Full and Open Competition (JOFOC) document. This document will be reviewed and approved by all appropriate parties, in accordance with FAR and CAM requirements, prior to issuance of a sole source solicitation.

And

(2) shall include in the contract file a written description of the procedures used in awarding the contract and the number of offers received.

An award summary, describing all stages of the award will be submitted for signature by the Contracting Officer, prior to award of the firm fixed-price purchase order. This award will be a firm fixed-price award issued using FAR part 12 - Acquisition of Commercial Products and Commercial Services and FAR part 13 - Simplified Acquisition Procedures, specifically FAR 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services.

V. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

NIST requires a Magnetic Prove Station that can meet all stated specifications in order for the Alternative Computing Group (ACG) to develop a new generation of mixed signal stochastic spintronic systems for unconventional computing. This magnetic probe station will be used to apply magnetic fields of arbitrary orientation to advanced integrated circuits through high pin count probe cards. The system must implement a “magnet-under-wafer” geometry whereby the applied magnetic field source is below the species under test. The system should be fully programmable with the capability of advanced automation and precise motor control so that a high degree of probe alignment can be achieved. The system will be used by NIST and it’s collaborators to study complex circuitry under the influence of magnetic fields.

The research conducted by the ACG requires a magnetic field that is highly dependent on the distance and positioning of their source, which is why the system sought by the ACG needs to have 1) a sample positioning above the magnet and 2) the precision of the motion available to move the magnet further/closer to the sample. Of the four Magnetic Probes reviewed during the market research, only SemiProbe’s system was able to meet both requirements, since the other magnetic probe stations did not allow for the sample to be placed above the magnet and did not have the same precision motion offered by Semiprobe.

Sources Sought Notice AMD-SS22-IE was posted from February 01, 2022 through February 28, 2022 and listed various scientific equipment that NIST was expecting to purchase in FY22, including this “Magnetic Probe System”. This notice did not receive any responses.

Exhaustive market research, as illustrated in item VIII below and in the Market Research Report, has concluded that SemiProbe Inc is uniquely qualified to provide capable equipment for NIST’s needs as all other potential sources were unable to meet the required specifications.

Only one (1) company, SemiProbe Inc manufactures a magnetic probe system that meets all requirements (see above).

Notice of Intent to Sole Source NIST-FY22-NOI-01445 was posted from August 10, 2022 through August 25, 2022 and listed only the specifications (shown above) that could not be found in other systems during the market research. No responses were received to challenge the intended sole source.

VI. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Along with the exhaustive market research outlined in item VIII below, Notice of Intent to Sole Source NIST-FY22-NOI-01445 was posted, in accordance with FAR 5.203 and 41 U.S.C. 1901(e)(1), to SAM.gov stating the intent to enter into a sole source procurement with SemiProbe Inc. The notice was posted from August 10, 2022 through August 25, 2022, with the notice stating all responsible sources interested may identify their interest and capability.

On the closing date no responses were received.

Public posting of this requirement was included in the Department of Commerce Procurement acquisition forecast system, referred to as C-BOT, under entry 68065. This entry was included under the title “Probe Station”.

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine that the anticipated price is fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii) – Comparison of the proposed price with prices found reasonable on previous purchases, though either receipts/orders provided by the contractor or through previous purchases listed in USAspending.gov. Prior to award of the proposed contract, this price information shall be obtained from one or both of the above listed sources and a price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable based on evaluation of commercial pricing and comparison to the Government estimate.

VII. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

A Sources Sought Notice was posted for various scientific equipment, including this item (under the title “Magnetic Probe Station”). The notice included only a brief description of the product in order to widen the search for potential manufacturers that could provide an instrument with the required low optical loss. No responses were received.

Market research was conducted, through discussions with colleagues in similar scientific fields and internet web searches of the semiconductor industry, focusing on “magnetic probe station”, “prober’, and “vector projected magnetic field”. These searches resulted in four (4) companies that offer instruments that are similar to this requirement. These companies were SemiProbe inc, FormFactor, MicroXact Inc, and Micron Probing.

Discussions with the companies found that neither FormFactor, Micron Probing nor MicroXact were able to offer an acceptable system. Micron Probing did offer a prototype system that is not currently available as a commercial item and would require major modifications to begin to meet the required specifications. This was not deemed to be a reasonable offering, as it is not assured to meet the majority of the specifications and is not able to meet the ‘magnet under wafer’ geometry that is at the heart of this requirement. Only one (1) company, SemiProbe inc, was able to offer a magnetic probe system that can meet all specification, especially 1.8, 1.9, 1.14, 1.19 ,1.20 and 1.21 listed in the NIST requirements document.

VIII. Any other facts supporting the use of other than full and open competition, such as:

The solicitation will include all required information and specifications.

The requiring activity has verified that the requirement, as stated in the specification, represents the Government's minimum requirement.

IX. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No sources indicated an interest as a result of the sources sought notices and the NOI posted to SAM Contract Opportunities as cited above.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. During the expected life cycle of this equipment, NIST will work to identify additional products that could meet its requirements.

XI. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

The Contracting Officer, in signing below, certifies that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Certification

Requisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Contracting Officer: (required for all J&As; if procurement exceeds $750,000, additional reviews/approvals are required as identified below)

I certify that this justification is accurate and complete to the best of my knowledge and belief.